The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-02-11
WHY MoKEAN WAS BOUNCED.
To the Editor of THE HERALD.

the ITlOuHC as 10 the causes ie2QlQg TO the
removal of the late Chief Justice Mexican by
President Grant. You say that Mexican
sent Brigham Young to the Penitentiary for
twenty-four hours, and thereby outraged
law and justice" The Tribune denies this
in the following language: ~THE HERALD
gravely announces that Judge Mexican was
dismissed because he dared to send a man
indicted for murder to the Penitentiary. If
THE HERALD's statement was correct it
would be mighty impeachment of the then
President, but it happens that it is not, and
moreover, HE HERALD was perfectly aware
that it was lying when it made the state
ment." l also learn by inquiring among men
who were here at the time, and who should
know, that there is a very wide diversity of
opinion, or rather a wide difference of
the Tribune that Brigham Young was sent
to the Penitentiary in connection with an
Indictment for murder; others, that he was
sent there for contempt of court; some say
the removal of Mexican was the result of the
United States Supreme Court opinion in the
Engelbrecht case, overriding Mexican, and
others, that the removal was dine t. extra
iudicia action on the part of the Chief
Justice in the Ann Eliza suit. The facts in
matter should be familiar to the general
public, and certainly the newspapers ought
to know them, and be able to state them
correctly WHAT'S the truth in the ease7 Is
THE HERALD or the Tribune correct?
INQUIRER
Our correspondent is evidently not
familiar with the newspapers, or he
would not have asked the last question
in his communication he would have
known that the Tribune is invariably
wrong, except when it makes mistake
and that THE HERALD is never wrong,
unless through misiEformation.
Ia the matter of the removal of
Judge Mexican THE HERALD was abso-
lutely correct. 1t was not so long ago
that the matter should have been for
gotten by this time, by anybody, yet it
seems that the facts have passed out OF
the memories of many, and have be-
come strangely! confused in the minds
of others, not few attributing the re-
moval to the judges ruling in the En-
gelbrecht case, which ruling was subse-
quently overturned by the United States
Supreme Court. The Engelbrecht case
was one of the first which came before
AcKesn. The judge entered upon his
duties on September 7, 1870, and on the
10Th of the same month he ruled that
juries drawn by the Territorial Mar
shall were illegal, that the United
States Marshal was the officer
of his court, etc. This was in
the Epgelbrecht suit. The following
year, in the Autumn, grand jury Sc
lected by the United States Marshal
found a number of indictments against
prominent Mormons, charging murder
and other helm Gus crimes. Several
were arrested and held IN Jail, pending
trial. Meantime, an appeal from the
Engelbrecht decision had been taken,
and on April 10Th, 1872, the United
States Supreme Court reversed Nc
Kean, the effect of the opinion being to
restore the Territorial Marshal as the
executive officer of the court, and to
quash all indictments found by Nc
Kean s illegal grand jury. Indictments
against 120 Mormons were quashed by
the opinion. As Mexican was not re-
moved till three years after, the Engel-
brecht decision could have had nothing
t do VITA his hum bling.
The direct cause of the removal of
Judge Mexican was his adjudging Bri
ham Young guilty of contempt and
committing hun to prison for one day.
This occurred in the Ann Eliza Webb
Young alimony suit. On February
18th, 1875, Mexican made an order re-
curing President Young to pay a Ger
tain sum for the present sustenance of
the plaintiff within ten days. and Ger
tain other sum for alimouy within
twenty days, with which order the de-
feAdant did not comply. On March
1Ith, President Young was arrested on
g writ Of attachment, and taken beftre
Mexican, when the latter adiudged
him guilty of contempt of court.
fined him $25 and sentenced him
to imprisonment for one day.
On the 10th of March, five DAYS after
this order, Mexican was summarily re-
moved by President Grant. who nom
mated Isaac C. Parker, of Missouri
and at present judge in Arkansas. to
the place. When the facts of the Brig
ham Young removal were presented To
Grant, be was outspoken and emphatic
in his denUnciation OF the course p1r-
sued bv Mexican. The Associated
Press dispatch telling OF the matter.
contained this paragraph:
The. removal waR caused by what the
President deems the fsnatical and extreme
conduct on the part OF the officer. :
and several acts OF Mexican, which are con-
sl5ered ill-advised 'yIsnnical and in excess
OF his powers as judge.
Judgs Parker declined the place. pre-
ferring q judgeship in Arkansas, which
was given TO him, and on the 18th of
March David P. Lowe, perhaps the
ablest, purest and altogether best chief